78096 Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations the mid-loth century. "Dornfelder" was Imports, Labeling, Packaging and 927-8210), Bureau of Alcohol, Tobacco approved as a varietal name under containers, and Wine. and Firearms, 650 Massachusetts German wine regulations in 1980. Avenue, NW., Washington, DC 20226. Authority and Issuance In the United States, the breeders SUPPLEMENTARY INFORMATION: have obtained plant variety protection Accordingly, 27 CFR part 4, Labeling through the Plant Variety Protection and Advertising of Wine, is amended as Background Act, 7 U.S.C. Chapter 57, until 2009. follows: On August 23, 1978, ATF published The petitioners planted 600 vines of this Paragraph 1. The authority citation Treasury Decision ATF-53 (43 FR variety in 1997, which will bear a for part 4 continues to read as follows: 37672, 54624) revising regulations in 27 commercial crop in 2000. In addition, Authority: 27 U.S.C. 205. CFR part 4. These regulations allow the three other growers in the states of establishment of definite American Virginia, Pennsylvania, and Michigan Par. 2. Section 4.91 is amended by viticultural areas (AVAs). The have planted this variety. Dornfelder adding the name "Dornfelder," in regulations also allow the name of an alphabetical order, to the list of prime plants have been offered for sale by approved viticultural area to be used as American Nursery, located in California grape names, to read as follows: an appellation of origin in the labeling and Virginia, since 1996. §4.91 List of approved prime names. and advertising of wine. Notice No. 883 On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR In Notice 883, published March 9, Dornfelder 56692), which added a new part 9 to 27 2000, ATF proposed to add the name CFR, providing for the listing of "Dornfelder" to the list of approved approved AVAs. Section 4.25a(e)(1), prime names in § 4.91. No comments Bradley A. Buckles, title 27, CFR, defines an AVA as a were received. Because sufficient Director. delimited grape-growing region evidence was provided to satisfy the Approved: August 11, 2000. distinguishable by geographical § requirements under 4.93, ATF is John P. Simpson, features, the boundaries of which have amending § 4.91 to include Deputy Assistant Secretary,(Regulatory, been delineated in subpart C of part 9. "Dornfelder" in the list of approved Tariff and Trade Enforcement). Section 4.25a(e)(2) outlines the prime names for grape varieties. [FR Doc. 00-31486 Filed 12-13-00; 8:45 am] procedure for proposing an AVA. Any 3. Regulatory Analyses and Notices BILLING CODE 4810-31-P interested person may petition ATF to establish a grape-growing region as a Does the PaperworkReduction Act viticultural area. The petition should Apply to This FinalRule? DEPARTMENT OF THE TREASURY include: The provisions of the Paperwork (a) Evidence that the name of the Reduction Act of 1995, 44 U.S.C. Bureau of Alcohol, Tobacco and proposed viticultural area is locally Chapter 35, and its implementing Firearms and/or nationally known as referring to regulations, 5 CFR part 1320, do not the area specified in the petition; apply to this notice because no 27 CFR Part 9 (b) Historical or current evidence that requirement to collect information is [T.D. ATF-434; Re: Notice No. 874] the boundaries of the viticultural area proposed. are as specified in the petition; RIN 1512-AA07 How Does the RegulatoryFlexibility Act (c) Evidence relating to the Apply to This FinalRule? Applegate Valley Viticultural Area geographical features (climate, soil, elevation, physical features, etc.) which It is hereby certified that this [99R-112P] distinguish the viticultural features of regulation will not have a significant AGENCY: Bureau of Alcohol, Tobacco the proposed area from surrounding economic impact on a substantial and Firearms (ATF), Department of the areas; number of small entities. This Treasury. (d) A description of the specific regulation will permit the use of the ACTION: Final rule, Treasury decision. boundaries of the viticultural area, grape varietal name Dornfelder. No based on features which can be found negative impact on small entities is SUMMARY: The Bureau of Alcohol, on United States Geological Survey expected. No new requirements are Tobacco and Firearms (ATF) is (U.S.G.S.) maps of the largest applicable proposed. Accordingly, a regulatory establishing a viticultural area located scale; and flexibility analysis is not required. within the State of Oregon, to be known (e) A copy of the appropriate U.S.G.S. Is This a Significant RegulatoryAction as "Applegate Valley." The petition for map(s) with the boundaries prominently as Defined by Executive Order 12866? this viticultural area was filed by Mr. marked. Barnard E. Smith, President, The This is not a significant regulatory Academy of Wine of Oregon Inc. ATF Petition action as defined by Executive Order believes that the establishment of ATF has received a petition from Mr. 12866. Therefore, a regulatory viticultural areas and the subsequent assessment is not required. Barnard E. Smith, President, The use of viticultural area names as Academy of Wine of Oregon Inc., 4. Drafting Information appellations of origin in wine labeling proposing to establish a viticultural area The principal author of this document and advertising allows wineries to within the State of Oregon, to be known is Jennifer Berry, Regulations Division, designate the specific areas where the as "Applegate Valley." The viticultural Bureau of Alcohol, Tobacco, and grapes used to make the wine were area is located entirely within the Rogue grown and enables consumers to better Firearms. Valley AVA. The viticultural area is in identify the wines they purchase. Josephine and Jackson Counties. Mr. List of Subjects in 27 CFR Part 4 EFFECTIVE DATE: February 12, 2001. Smith believes that Applegate Valley is Advertising, Consumer Protection, FOR FURTHER INFORMATION CONTACT: Tim a widely known name for the petitioned Customs duties and inspections, DeVanney, Regulations Division, (202- area, that the area is well defined, and Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations 78097 that the area is distinguished from other Geographical Features Pollard and Takilma. Based on this soil areas by its soil and climate. analysis, the Applegate Valley and Bear Evidence of Boundaries and Creek Valley vineyards have three The Applegate Valley has been a Topography grape-growing region since 1870 when principal soil series in common: Central The boundaries of the viticultural area Point, Ruch and Shefflein. It is also A. H. Carson began planting 30 acres of are within Jackson and Josephine grapes along North Applegate Road. apparent that Illinois Valley and Counties in the State of Oregon. The Applegate Valley vineyards have one There are now 23 vineyards in the area is entirely within the Rogue Valley principal soil series in common, Kerby. valley. In the original petition, Mr. viticultural area. The Rogue Valley Soil types in the Applegate Valley are Smith noted there were six bonded viticultural area has three distinct generally granite in origin as opposed to wineries and 235 acres of grapes in the subregions: Applegate Valley and two the volcanic origin of the Cascade proposed area. Since the publication of other valleys that have not been Mountains to the east. Most of the the notice, the petitioner amended his designated as AVAs, Illinois Valley and Applegate Valley vineyards are planted statement regarding the number of Bear Creek Valley. The Illinois Valley on stream terraces or alluvial fans bonded wineries: there are four bonded lies to the west of the Applegate Valley providing deep well-drained soils. The wineries in the Applegate Valley. One and Bear Creek Valley lies directly to leaching of the more basic soil commentor provided an acreage update the east of the AVA. components found in the Illinois Valley by stating that there are now over 340 The Applegate Valley is have left the soil slightly more acidic acres that have been planted to grapes approximately 50 miles long, running than the soils in the Applegate Valley. within the Applegate Valley. from its southeast origins near the The soils to the east of Applegate Valley California border, in a generally near Bear Creek Valley tend to be less Notice of Proposed Rulemaking northwest direction, to where it joins acidic than the soils in the Applegate In response to this petition, ATF the Rogue River, just west of Grants Valley. Applegate Valley soils have a pH published a notice of proposed Pass. of between 6.1 and 6.5. In The Oregon Applegate Valley is surrounded by the Winegrape Growers' Guide, Ken rulemaking, Notice No. 874, in the Siskiyou Mountains. The Siskiyou Federal Register on May 6, 1999 [64 FR Browning writes that a pH of 6.0 to 6.5 Mountains are believed to have been is ideal for desirable microbiological 24308], proposing the establishment of created in the Jurassic period by up- the Applegate Valley viticultural area. activity, nutrient availability, and thrusts of the ocean floor as a plate nutrient balance. The notice requested comments from forced its way under the continental interested persons by July 6, 1999. shelf. To Applegate Valley's east and Climate Name Evidence south is the Rogue River National The natural geographic boundaries of Forest. To its west is the Siskiyou the Applegate Valley provide for its ATF found that usage of the name National Forest. Both of the National distinct climate in terms of rainfall, Applegate Valley is well established. Forests' boundaries have been identified degree-days and temperature. There are many businesses, by the U.S. Forest Service and were Specifically, the Siskiyou Mountains organizations and at least one used to identify the boundaries of the separate the Applegate Valley's western community event (the Applegate Valley Applegate Valley AVA where side from the Illinois Valley and its Harvest Festival), that employ the use of appropriate. A portion of the western eastern side from Bear Creek Valley. this name. The Applegate River was boundaries, and most of the northern This further accentuates climatic named for one or more of the Applegate boundaries, are established by straight- differences between the three valleys, brothers who explored the area in 1846. line segments drawn between coupled with a lessening of the marine The U.S.G.S. map used to show the prominent physical features of the influence, when moving from a west to boundaries of the area (Medford, terrain, mostly mountaintops. The east direction. Oregon; California 1955, Revised 1976, boundaries of the Applegate Valley According to The Oregon Winegrape (NK 10-5), scale 1:250,000) uses the AVA are more particularly discussed in Growers' Guide, "As one moves from name Applegate River and shows the § 9.165(c) of the regulations, as west to east, or from the Illinois River town of Applegate within the Applegate identified at the end of this Treasury Valley including Selma to the Applegate Valley and into the Rogue Valley, Valley viticultural area. The following Decision. good grape-growing sites generally become are evidence of Applegate Valley's name Soil recognition. warmer due to the lessening of the The petitioner submitted a soil marine air influence." The Oregon * "The Wine Appellations of Oregon" analysis listing the principal soil series Winegrape Growers' Guide goes on to map published by the Oregon Wine from Applegate Valley, Bear Creek point out that earlier ripening varieties Marketing Coalition shows the Valley and Illinois Valley vineyards. As such.as Pinot noir, Early Muscat, and Applegate Valley and mentions it in its indicated earlier, these three subregions Gewurztraminer, do well in the Illinois notes. are located in the Rogue Valley Valley. In contrast, the Applegate Valley * The Oxford Companion to Wine viticultural area. The principal soil with its Region II temperature range can (first edition) mentions the Applegate series from vineyards located in each of ripen Cabernet Sauvignon, Merlot, and Valley on page 693. these subregions are: (1) Applegate Chardonnay two to three weeks earlier Valley: Central Point, Cove, Kerby, than is possible in the Illinois Valley. * The Oregon Winegrape Growers' Manita, Ruch and Shefflein; (2) Bear As mentioned earlier, Applegate Guide devotes several paragraphs to a Creek Valley: Agate-Winlow Complex, Valley AVA is located in Jackson and discussion of the Applegate Valley as Brockman, Carney, Central Point, Josephine Counties. The USDA Natural one of Oregon's grape-growing areas. Coleman, Darrow, Evans, Holland, Resources Conservation Service, * Treasury Decision ATF-310 (The Medford, Provig-Agate Complex, Ruch, National Water and Climate Center, has Rogue Valley Viticultural Area) refers to Selmac, Shefflein, Vannoy and Wapato; climate data for Jackson and Josephine the Applegate Valley within the Rogue (3) Illinois Valley: Brockman, Cornutt- Counties, which is available from the Valley viticultural area. Dubakella Complex, Foehlin, Kerby, USDA web site at http://wcc.nrcs. 78098 Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations usda.gov/water/climate/.Temperature beginning with the stations outside of soils which occur repeatedly in all parts and precipitation differences in the Applegate Valley boundaries are as of the region." Opponents want the Applegate Valley and surrounding areas follows: Southwest at Cave Junction Rogue Valley left as one area. Three of are illustrated by the data collected (Illinois Valley) registers 5008 degree- the six opposing commentors expressed during 1961 through 1990 at five days; northwest at Grants Pass reported concerns about the fragmenting of the weather stations. The Ruch weather 5689; northeast at Medford (Bear Creek Rogue Valley viticultural area. Two of station is located inside the Applegate Valley) measured 5086, and southeast at these commentors stated that there Valley AVA boundaries and data from Ashland had 4836. In comparing the should not be an Applegate Valley AVA that site is used to approximate the degree-days of Ruch (Applegate Valley) since the quality of the wine is not climate conditions of this viticultural with the four others, it is clear that a distinct from those produced in the area. The four other weather stations measurable difference in degree-days surrounding areas. Yet, both located outside the AVA, are: (1) Cave exists between Applegate Valley and the commentors describe the wine from Junction, located in the Illinois Valley, surrounding areas: The largest Applegate Valley as "bland" and in Josephine County, which is in close temperature variation was at Grants "brash." One of the commentors voiced proximity to the AVA's southwest Pass, which had 583 more degree-days concerns about having "a noticeable boundaries; (2) Grants Pass, in than Applegate Valley, and the smallest negative financial impact on the other Josephine County, which is in close difference was at Medford (Bear Creek established wineries and growers" proximity the AVA's northwest Valley), which had 20 degree-days less outside the Applegate Valley AVA. boundaries; (3) Medford, located in the than Applegate Valley. ATF's Decision Bear Creek Valley in Jackson County, Comments on Notice of Proposed which is in close proximity to the ATF believes that the evidence Rulemaking AVA's northeast boundaries; and (4) supports the establishment of an Ashland, also in Jackson County, which ATF received 28 letters of comment in Applegate Valley AVA. While ATF is in close proximity to the AVA's response to Notice No. 874. Of the 28 agrees there are similarities associated southeast boundaries. comments ATF received, 22 (with a with Applegate Valley and the Climatological statistics are as total of 27 signatures) favored creating surrounding Rogue Valley, we believe follows: Cave Junction (Illinois Valley) the Applegate Valley viticultural area; that the confluence of distinctions, in has an average annual precipitation of six (with a total of seven signatures) soil, climate and name recognition, are 59.57 inches. Average annual were opposed. The petitioner submitted sufficient to demarcate the Applegate precipitation declines steadily, when additional supporting documentation Valley as an AVA. As evidenced above, proceeding in a generally eastern about soil and climate for areas within the petition clearly satisfies the criteria direction: starting with Grants Pass at and outside of the viticultural area, in 27 CFR 4.25(a)(e)(2) with respect to 30.89 inches, into Applegate Valley at which was included in the rulemaking name recognition, boundaries and Ruch with 26.01 inches, then Medford, record. This information included soil geographical features. As set forth in Bear Creek Valley, with 20.56 inches maps, precipitation and temperature above, Applegate Valley is also and finally, Ashland reporting 19.26 records. All of these comments were recognized as having a distinct climate inches. This illustrates the following given careful consideration in the from the areas that surround it. precipitation differences when preparation of the final rule. The Applegate Valley is encompassed comparing each of the four weather sites Commentors who supported the by the Rogue Valley and, therefore, is with the Ruch (Applegate Valley) site: establishment of an Applegate Valley considered a sub-appellation of the Cave Junction had the highest AVA confirmed that Applegate Valley Rogue Valley. (A sub-appellation is the precipitation with 33.56 inches more has distinct weather and growing smaller delimited grape-growing region than Ruch; Grants Pass had 4.9 inches conditions. One respondent, Mr. Robert that is bounded by the larger delimited more; Medford had 5.5 inches less; and Kerivan, President of Bridgeview grape-growing region.) As with many Ashland with 6.8 inches less than Ruch. Vineyards, stated that the Applegate sub-appellations, the similarities are This shows that Applegate Valley has a Valley is known for Bordeaux style implicitly recognized by the approval of distinct and measurable climatic grapes-merlot, syrah and cabernet the primary appellation. Rogue Valley, difference from its surrounding areas in sauvignon-specifically due to its the primary appellation, and Applegate terms of average annual precipitation. warmer climate. Four of the Valley, the sub-appellation, are not The growing degree-days records commentors specifically noted the exceptions to this situation. (from the same source as the distinct soils of Applegate Valley along Marketing materials for Rogue Valley precipitation records presented above) with six who cited the unique wineries, along with viticultural provide another climatic difference geographic features of the AVA. Climate reference books, cite the Applegate between the Applegate Valley and the was the most common basis for support Valley as a distinct sub-appellation. Ted surrounding areas. A growing degree- with 16 commentors in favor of Jordan Meredith, in his book Northwest day is defined as a unit of heat available Applegate Valley's AVA approval. Wine Companion, specifically describes for plant growth. It is calculated by The respondents opposed to the Applegate Valley as being "one of taking the average daily temperature establishing Applegate Valley the warmest grape-growing areas in (adding the maximum and minimum viticultural area challenge the existence western Oregon * * *". A web page daily temperatures, then dividing by of significant differences between titled TOUR WINE COUNTRY by The two) and subtracting the temperature Applegate Valley and the surrounding Oregon Pinot Noir Club (http:// below which growth is minimal for the Rogue Valley viticultural area. The www.oregonpinotnoir.com/Merchant/ principal crops in the area. The majority of the opposition based their tourrgsm.htm) states that Rogue Valley temperature threshold used for objection on the overall similarity of the has three distinct sub-appellations. Of determining minimal growth was 40 climate and soils of the Rogue Valley these three areas, "the Applegate Valley degrees Fahrenheit. The temperature viticultural area and the Applegate with a warmer climate is known for data places the average yearly degree- Valley. One commentor noted that the Cabernet Sauvignon, Cabernet franc, days at the Ruch site (Applegate Valley) different soils of the Rogue Valley and Merlot." Another web site, WINES at 5108. The average yearly degree-days, viticultural area are "a jigsaw puzzle of NORTHWEST-A GUIDE TO THE Federal Register/Vol. 65, No. 241/Thursday, December 14, 2000/Rules and Regulations 78099

WINE COUNTRY OF THE PACIFIC area name is the result of the the boundary of the Siskiyou National NORTHWEST (http://www. proprietor's own efforts and consumer Forest to Highway 199; winesnw.com/rogue.html), mentions acceptance of wines from a particular (3) Then in a straight line easterly to Applegate Valley as the smallest of area. No new requirements are imposed. the peak of Roundtop Mountain (4693 Rogue Valley's sub regions. They state Accordingly, a regulatory flexibility feet); that Applegate Valley is "drier and analysis is not required. warmer than the Illinois Valley (4) Then in a straight line easterly and subregion to its west, yet not as warm Paperwork Reduction Act southerly to the peak of Mungers Butte; and dry as Bear Creek Valley to the The provisions of the Paperwork (5) Then in a straight line southerly east." Reduction Act of 1995 (44 U.S.C. and westerly to Holcomb Peak; With respect to concerns about 3507(j)) and its implementing breaking up the Rogue Valley, as regulations, 5 CFR part 1320, do not (6) Then in a generally southeasterly previously stated, Rogue Valley AVA apply to this final rule because no direction along the eastern boundary of encompasses Applegate Valley. In requirement to collect information is the Siskiyou National Forest until it accordance with ATF regulations, an imposed. joins the northern boundary of the overlapping area is entitled to more than Rogue River National Forest; Drafting Information one viticultural designation. Wine that (7) Then easterly along the northern meets the criteria described in 27 CFR The principal author of this document boundary of the Rogue River National 4.25a(e)(4), may be labeled with Rogue is Tim DeVanney, Regulations Division, forest to a point due south of the peak Valley or Applegate Valley or with both Bureau of Alcohol, Tobacco and of Bald Mountain; viticultural areas as the appellation(s) of Firearms. (8) Then due north to the peak of Bald origin. Therefore, ATF does not view List of Subjects in 27 CFR Part 9 this as a fragmentation of the existing Mountain (5635 feet); Rogue Valley, but as an option for Administrative practices and (9) Then in a straight-line northerly wineries to provide consumers with procedures, Consumer protection, and westerly to the lookout tower on more specific information about the Viticultural areas, Wine. Anderson Butte; origin of the wine. Authority and Issuance (10) Then in a straight line northerly Moreover, to the extent certain Title 27, Code of Federal Regulations, and westerly to the peak of an unnamed commentors opposed the establishment mountain with an elevation of 3181 feet; of the Applegate Valley AVA on the part 9, American Viticultural Areas, is basis that the wine made from grapes amended as follows: (l1) Then in a straight line northerly produced in that area is not distinct or and westerly to the peak of Timber PART 9-AMERICAN VITICULTURAL that the establishment of the Applegate Mountain; AREAS Valley AVA will present an adverse (12) Then in a straight line westerly financial impact on the area, these Paragraph 1. The authority citation and southerly to the middle peak of concerns are not criteria for denying a for part 9 continues to read as follows: Billy Mountain; petition to establish an AVA under 27 Authority: 27 U.S.C. 205. CFR 4.27a(e)(2). Moreover, approval of (13) Then, northerly and westerly by Par. 2. In subpart C is amended by an AVA does not, in any manner, straight lines connecting a series of five § constitute the endorsement of a adding 9.165 to read as follows: unnamed peaks with elevations of particular wine. Rather, any benefit approximately 3600, 4000, 3800, 3400, Subpart C-Approved American and 3800 feet, respectively; derived from the use of a viticultural Viticultural Areas area name is the result of the (14) Then in a straight line northerly proprietor's own efforts and consumer and easterly to Grants Pass Peak; acceptance of wines from a particular §9.165 Applegate Valley. (15) Then in a straight line westerly area. (a) Name. The name of the viticultural to Jerome Prairie; Boundary area described in this section is (16) Then in a straight line The boundaries of the Applegate "Applegate Valley." northwesterly to the confluence of the Valley viticultural area may be found on (b) Approved maps. The appropriate Applegate River and the Rogue River one U.S.G.S. map titled "Medford, map for determining the boundaries of and the point of the beginning. Oregon; California" (NK 10-5) scale the Applegate Valley viticultural area is Dated: October 16, 2000. 1:250,000 (1955, revised 1976). The one U.S.G.S. map titled "Medford, boundaries are described in § 9.165. Oregon; California" (NK 10-5) scale Bradley A. Buckles, 1:250,000 (1955, revised 1976). Director. Executive Order 12866 (c) Boundaries. The Applegate Valley It has been determined that this viticultural area is located in the State Approved: November 1, 2000. regulation is not a significant regulatory of Oregon within Jackson and Josephine John P. Simpson, action as defined in Executive Order Counties, and entirely within the Deputy Assistant Secretary(Regulatory, Tariff 12866. Accordingly, this final rule is not existing Rogue Valley viticultural area. and Trade Enforcement). subject to the analysis required by this The boundaries are as follows: [FR Doc. 00-31595 Filed 12-13-00; 8:45 am] Executive Order. (1) Beginning at the confluence of the BILLING CODE 4810-31-P Applegate River with the Rogue River Regulatory Flexibility Act approximately 5 miles west of Grants It is hereby certified that this Pass, the boundary proceeds due west to regulation will not have a significant the boundary of the Siskiyou National economic impact on a substantial Forest north of Dutcher Creek; number of small entities. Any benefit (2) Then in a straight line in a derived from the use of a viticultural southerly and westerly direction along